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Articles 1 - 21 of 21
Full-Text Articles in Law
Judicial Election Questions Left Unanswered By Justices, Bruce Ledewitz
Judicial Election Questions Left Unanswered By Justices, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
Pro-Lifers Should Appeal To Constitution's Heart, Bruce Ledewitz
Pro-Lifers Should Appeal To Constitution's Heart, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
Procedural Default In Death Penalty Cases: Fundamental Miscarriage Of Justice And Actual Innocence, Bruce Ledewitz
Procedural Default In Death Penalty Cases: Fundamental Miscarriage Of Justice And Actual Innocence, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
Procedural Default In Death Penalty Cases: Fundamental Miscarriage Of Justice And Actual Innocence,, Bruce Ledewitz
Procedural Default In Death Penalty Cases: Fundamental Miscarriage Of Justice And Actual Innocence,, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.”
Is '88 Supreme Court Election Permissible Under Pa. Law?, Bruce Ledewitz
Is '88 Supreme Court Election Permissible Under Pa. Law?, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
Maine Women's Lobby Legislative Alert (1988 - May), Maine Women's Lobby Staff
Maine Women's Lobby Legislative Alert (1988 - May), Maine Women's Lobby Staff
Maine Women's Publications - All
No abstract provided.
Justices Don't Own The Constitution, Bruce Ledewitz
Justices Don't Own The Constitution, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
Maine Women's Lobby Legislative Alert (1988 - March), Maine Women's Lobby Staff
Maine Women's Lobby Legislative Alert (1988 - March), Maine Women's Lobby Staff
Maine Women's Publications - All
No abstract provided.
Is The Death Penalty Good For Us?, Bruce Ledewitz
Is The Death Penalty Good For Us?, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
Maine Women's Lobby Legislative Alert (1988 - January), Maine Women's Lobby Staff
Maine Women's Lobby Legislative Alert (1988 - January), Maine Women's Lobby Staff
Maine Women's Publications - All
No abstract provided.
To Do Justice Between Man And Man, (Tribute To Judge Robert Taylor), Bruce Ledewitz
To Do Justice Between Man And Man, (Tribute To Judge Robert Taylor), Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
Presidential Influence On Congressional Appropriations Decisions, D.Roderick Kiewiet, Mathew D. Mccubbins
Presidential Influence On Congressional Appropriations Decisions, D.Roderick Kiewiet, Mathew D. Mccubbins
Faculty Scholarship
We investigate the extent to which possession of the veto allows the president to influence congressional decisions regarding regular annual appropriations legislation. The most important implication of our analysis is that the influence the veto conveys is asymmetrical: it allows the president to restrain Congress when he prefers to appropriate less to an agency than Congress does; it does not provide him an effective means of extracting higher appropriations from Congress when he prefers to spend more than it does. This asymmetry derives from constitutional limitations on the veto, in combination with the presence of a de facto reversionary expenditure …
Independent Counsel And The Constitution, Harold H. Bruff
Independent Counsel And The Constitution, Harold H. Bruff
Publications
No abstract provided.
Some Modest Proposals On The Vice-Presidency, Richard D. Friedman
Some Modest Proposals On The Vice-Presidency, Richard D. Friedman
Articles
There are many good things in the Constitution, but the vice-presidency isn't one of them. In Part I of this essay, I will argue that there are three basic problems with the vice-presidency: the method of nomination, the method of election, and the office itself. That just about covers the waterfront.' If we had to do it all over again, we almost certainly would not" create the system we currently have. We cannot undo history, but we do have a very strong incentive to develop a better system of succession to the presidency. Whom we choose as vice-president is a …
Women In Religious Congregations And Politics, Leslie C. Griffin
Women In Religious Congregations And Politics, Leslie C. Griffin
Scholarly Works
No abstract provided.
Policy, Procedures, And People: Governmental Response To A Privately Initiated Nuclear Test Monitoring Project As A Case Study In National Security Decision-Making, Philip G. Schrag
Georgetown Law Faculty Publications and Other Works
This article applies the Allisonian framework to the U.S. Government's response to a private arms control initiative undertaken in 1986 by the Natural Resources Defense Council (NRDC), an environmental organization. This case lends itself to fruitful analysis for several reasons. First, while it fits the criteria for second-level decisions, it also involves a critical area of international relations-the control of nuclear weapons. Second, the involvement of numerous government agencies in the project presents ample opportunity to examine processes within and among agencies. Third, the reaction of the United States appears, at first blush, to have been ambivalent or inconsistent, for …
Unger's Philosophy: A Critical Legal Study, William Ewald
Unger's Philosophy: A Critical Legal Study, William Ewald
All Faculty Scholarship
Of all the scholars associated with the Critical Legal Studies movement, none has garnered greater attention or higher praise than Roberto Unger of Harvard Law School. In this Article, William Ewald argues that Professor Unger's reputation as a brilliant philosopher of law is undeserved. Despite the seeming erudition of his books, Professor Unger's work displays little familiarity with the basic philosophical literature, and the philosophical, legal, and political analysis in those works-in particular, the celebrated critique of liberalism in Knowledge and Politics-is so riddled with logical and historical errors as to be unworthy of serious scholarly attention.
Reply To Cornel West, William Ewald
Political And Legal Instruments In Supporting And Combating Terrorism: Current Developments, Rett R. Ludwikowski
Political And Legal Instruments In Supporting And Combating Terrorism: Current Developments, Rett R. Ludwikowski
Scholarly Articles
A historian is a prophet of the past, not of the future, and a question about the future is not a historian's favorite one. With all these reservations, a historian is often compelled to trace past and present patterns in order to foresee the most likely arrangements of future events. The reflections presented below (in Part I) do not stem from the intention of the author to speculate about the prospects of Communism or discuss the alternative scenarios for the future of the Soviet bloc. They are limited to a few conclusions which can be drawn from the logical progression …
The Confirmation Process: Law Or Politics?, Henry Paul Monaghan
The Confirmation Process: Law Or Politics?, Henry Paul Monaghan
Faculty Scholarship
In testimony before the Senate Judiciary Committee, I argued (and still believe) that Judge Robert Bork possessed surpassing qualifications for an appointment to the Supreme Court. Subsequently, I became persuaded that my submission was incomplete. Additional argument was necessary to establish that my testimony, if accepted, imposed a constitutional duty on senators to vote for confirmation. To my surprise, further reflection convinces me that no such argument is possible.
The Authoritarian Impulse In Constitutional Law, Robin West
The Authoritarian Impulse In Constitutional Law, Robin West
Georgetown Law Faculty Publications and Other Works
Should there be greater participation by legislators and citizens in constitutional debate, theory, and decision-making? An increasing number of legal theorists from otherwise divergent perspectives have recently argued against what Paul Brest calls the "principle of judicial exclusivity" in our constitutional processes. These theorists contend that because issues of public morality in our culture either are, or tend to become, constitutional issues, all political actors, and most notably legislators and citizens, should consider the constitutional implications of the moral issues of the day. Because constitutional questions are essentially moral questions about how active and responsible citizens should constitute themselves, we …